Agenda and minutes

Apologies for absence were received from Councillor Luggar.

(a) Order of agenda

The Leader requested that due to the number of members of the public in attendance that item 10 be considered prior to item 6 on the agenda.

            RESOLVED that item 10 be considered prior to item 6 on the agenda.

(b) Happy New Year

The Leader wished Councillors and Officers a happy and healthy new year.

(Please complete the enclosed form or telephone the Corporate and Community Services Unit to prepare a form for your signature before the meeting.  Interests must be re-declared when the item is called, and Councillors must leave the room if necessary).

The following declarations of interest were announced:

Councillors Barker, Brailey, R. Cann, Edgell, Jones, Lane, Meadlarkin, Moores and Yabsley declared personal interests in item 10 “Compulsory Purchase – the White Hart, Bratton Fleming” as Mr Milton was a member of the Conservative Association.

Councillor Lane declared a prejudicial interest in item 11 “Approval and Release of Section 106 Funds – Greenways Play Area and Blakes Hill Road Play Area” as a Member of Landkey Parish Council.

Councillor Prowse declared a personal interest in item 10 “Compulsory Purchase – the White Hart, Bratton Fleming” as he shared a Great Grandfather with Mr Milton.

Report by Head of Corporate and Community (attached).

The Executive considered a report by the Head of Corporate and Community (circulated previously), the options and/or alternatives and other relevant facts set out in the report regarding the request for the Council to consider the use of compulsory purchase powers in respect of The White Hart, Bratton Fleming.

The Head of Corporate and Community highlighted the following:

·         The Localism Act 2011 introduced the regime relating to Assets of Community Value (ACV).  Under this system, community groups can nominate assets that they feel have a community value.  If the local authority agree, the asset is included on a list for a period of 5 years.  During that time, if the freeholder owner wished to sell the asset, the community group must be given an opportunity to be treated as a bidder.

·         The legislation does not impose a duty on the freeholder to sell the asset to the community group and nor does it specify the consideration for any sale.

·         The White Hart had been listed as an ACV as a result of its past use as a public house providing community use.

·         The freeholder had indicated his intention to dispose of the asset.  In turn, the community group indicated that it wished to be treated as a potential bidder.  It was unclear what actual negotiations have taken place between the two parties however it was clear that no agreement was likely be reached on the value of the premises and so it was highly unlikely that a sale to the community group would take place.

·         Over the past few years, the owner had submitted planning applications involving elements of residential development which have been refused.  The community group remain concerned that the community use would be lost through development at some stage.  The latest application had been refused and the owner had submitted an appeal.

·         There were various legislative provisions that give a local authority power to compulsorily purchase land and buildings. Guidance on the use of compulsory purchase powers had been issued and this set out some expectations form the exercise of such powers.

·         A statement had been received from Mr Milton which had been tabled in relation to the item.  The statement referred to “It would seem an inappropriate use of Rate-payers’ money especially as it could turn into a costly white elephant and I regret that unless members of the community committed real money to the project from inception, I cannot see the “Community” ever stepping forwards to put hands deeply enough into their pockets to meet the cost of purchase, the refurbishment and working capital demanded”.  The Head of Corporate and Community confirmed that other Local Authorities such as South Cambridgeshire District Council had considered compulsory purchase to ensure that an asset remained for community use.

·         Specific Government guidance had been provided where it was intended to use the powers in order to purchase an ACV.

·         Before the Council decided whether to proceed and use its powers, there were clearly a number of issues to consider  ...  view the full minutes text for item 88.

Report by Service Lead Housing Market Balance (attached).

The Executive considered a report by the Service Lead Housing Market Balance (circulated previously), the options and/or alternatives and other relevant facts set out in the report regarding the allocation of funds from the unallocated balance of the Community Housing Fund earmarked reserve.

The Service Lead Housing Market Balance highlighted the following:

·         Devon Rural Housing Partnership had been working hard to produce a pipeline of communities that were potentially interested in community-led housing schemes for the future.  As part of the initial work with a Parish Council one of the first steps after contact was often to carry out a housing needs survey to make a judgement on the level of affordable housing need in the area and to raise awareness of the issue before work was undertaken.

·         For the last three years “Awards for All” funding had been used by Parish Councils to fund Housing Needs Surveys.  Unfortunately, due to demand the last three bids have been rejected and it had been confirmed that this source would no longer be available to Parish Councils.

·         The Community Housing Fund Board proposed the allocation of the funds from the Community Housing Fund for this purpose.  This was essential to establish a pipeline of parishes interested in community-led housing with a proven need for affordable housing.  It was proposed that £40,000 from the Community Housing Fund earmarked reserve be allocated to the Community Affordable Housing Grant to fund Housing Needs surveys for the Rural Alliance, Chittlehampton, Georgeham, North Molton, Instow and Westleigh. The remaining amount would cover four to five additional housing needs surveys if necessary.

·         The report also recommended that delegated authority be given to the Head of Environmental Health and Housing in consultation with the Executive Members for Health and Wellbeing for the remaining balance of the Community Housing Fund for appropriate revenue or capital items that fit the criteria of the Community Housing Fund that would move forward community-led affordable housing.

In response to questions, the Service Lead Housing Market Balance advised the following:

·         All of the outstanding housing needs surveys were ready to be sent out and the whole process would take approximately 3 months.  Although the 6 housing needs surveys may need to be staggered.

·         The balance of the fund from the Department for Communities and Local Government had been earmarked for sites within the parishes of Mortehoe, Lynton and Lynmouth, Parracombe, Combe Martin and Chittlehampton to aid site viability through purchase of land, abnormals or gap-funding to provide social rents.  This would take place further on in the process and can take time as community-led rural housing sites can be more challenging to develop due to site value, high levels of site abnormals, protected leaseholds and significant viability issues etc.

DECISIONS

Report by Regeneration Manager (attached).

The Executive considered a report by the Head of Place (circulated previously), the options and/or alternatives and other relevant facts set out in the report regarding an update on the Housing Infrastructure Fund (HIF) Project in relation to the Westacott site.

The Regeneration Manager highlighted the following:

·         Since the HIF bid, the Council had continued to work with Homes England, CBRE, Devon County Council and the land promoters/developers to progress this project.

·         CBRE visited the site in October 2018.  CBRE have since requested additional information and an updated cost appraisal, which was being prepared.

·         A conference call between all parties would take place on 9^th January 2019 to gain an understanding of Barwood Land’s position.

·         CBRE’s report would be presented to Homes England Panel for consideration and to finalise the grant agreement with North Devon Council.

·         A letter had been received from the Minister of Housing, Communities and Local Government confirming that there would be a 12 month extension in the grant funding to 2021/22. 

·         Discussions continued between Planning, Devon County Council and Barwood Land to ensure that the access required for the Westacott Development and the roundabout that forms part of the Link Road project were compatible.  A further meeting would take place on 18^th January 2019.

In response to questions, the Regeneration Manager advised the following:

·         The HIF project only included the Barwood Land.

·         Further information would be obtained regarding timescales for the planning decision following the meeting on 18th January 2019.

The Executive requested that an update only be brought back to the Executive when there were any changes to report.

DECISION

That the progress be noted.

REASON FOR DECISION

It was requested that Members be updated on this project on a monthly basis.

Report by Regeneration Manager (attached).

The Executive considered a report by the Head of Place (circulated previously), the options and/or alternatives and other relevant facts set out in the report regarding an update on the Housing Infrastructure Fund (HIF) Project in relation to the Ilfracombe Southern Extension.

The Regeneration Manager highlighted the following:

·         Since the report to the Executive in November 2018, the Council had received clarification from Homes England on the conditions originally recommended and a revised draft set of conditions had now been received.

·         The education contributions for the later phases was not known however Devon County Council had advised that they would currently ask for £4005 per family dwelling together with a land contribution.  It was likely to be approximately £1.6m. It was confirmed that only the education section 106 contributions could be recouped and not the entire £6.5m.

·         Homes England was satisfied that the timetable for the delivery of the conditions had slipped from 31^st December 2018.  The Council was working with Homes England regarding realistic timescales which were deliverable.

In responses to questions, the Regeneration Manager advised the following:

·         That the proposed location of the new school on the site was in the location that had been approved as part of the phase 1 outline planning permission. 

·         The HIF project included all three sites.

·         The timetable included the delivery of infrastructure in March 2020.

·         Devon County Council Officers were engaged in the process.

In response to concerns expressed by Councillor Edmunds, Councillor Yabsley advised that as Lead Member he had referred concerns regarding the timescales for the delivery of the project with the Devon County Council Portfolio Holder and Simon Niles of Devon County Council.  He advised that he would keep Councillor Edmunds up-to-date.

DECISION

That the progress be noted.

REASON FOR DECISION

It was requested that Members be updated on this project on a monthly basis.

Report by Head of Resources (attached).

The Executive considered a report by the Head of Resources (circulated previously), the options and/or alternatives and other relevant facts set out in the report regarding the adoption of the Council Tax Reduction Scheme for 2019/20.

            RECOMMENDED

            REASON FOR RECOMMENDATIONS

Report by Revenues and Benefits Manager (attached).

The Executive considered a report by the Revenues and Benefits Manager (circulated previously), the options and/or alternatives and other relevant facts set out in the report regarding determination of Council Tax Discounts for the financial year commencing 1^st April 2019.

The Head of Resources advised that there was only one change to the scheme for 2019/20.  This was in relation to properties that had been unoccupied and substantially unfurnished for over two years.  New regulations allowed Local Authorities to increase the empty home premiums and it was proposed that the premium be increased to 200% for 2019/20.  For future years, it would be recommended that for 2020/21 that the premium be increased to 300% and for 2021/22 to 400%.  

            RECOMMENDED

            REASON FOR RECOMMENDATIONS

Report by Principal Parks Officer (attached).

The Executive considered a report by the Principal Parks Officer (circulated previously), the options and/or alternatives and other relevant facts set out in the report regarding the allocation of section 106 public open space funds to two projects in Ilfracombe and Landkey.

The Head of Corporate and Community advised that Councillor Lane did not have to declare a prejudicial interest in this item as Landkey Parish Council was not the applicant for the scheme at Blakes Hill Road Play area, Landkey.

            DECISION

            RECOMMENDED

REASONS FOR DECISION/RECOMMENDATION

Report by Project, Procurement and Open Space Officer (attached).

The Executive considered a report by the Project, Procurement and Open Space Officer (circulated previously), the options and/or alternatives and other relevant facts set out in the report regarding the allocation of section 106 public open space funds towards a project in Braunton.

The Project, Procurement and Open Space Officer confirmed that Heanton Punchardon Parish Council had supported the section 106 contribution from a development in Heanton Punchardon being used in the parish of Braunton.

            DECISION

RECOMMENDATION

REASONS FOR DECISION/RECOMMENDATION